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Wheaton IL DUI defense lawyerDriving while under the influence of alcohol or drugs is extremely dangerous. According to the Illinois Secretary of State's Office, there were over 27,000 DUI arrests in Illinois in 2017. The state takes DUI arrests very seriously which is why 91 percent of people who were arrested for DUI and were eligible, lost their driving privileges. Still, the state also recognizes that people should not have to be put through months of hardship for one mistake. This is why Illinois allows certain DUI offenders to apply for one of two types of driving permits: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP).

Monitoring Device Driving Permit (MDDP)

In order to apply for an MDDP, you must be a first-time DUI offender. This means you must not have received a statutory summary suspension in the past five years or have been convicted of a DUI in Illinois or any other state within the past five years. In addition, your DUI arrest must not have caused death or great bodily harm to another, and you must not have been previously convicted of reckless homicide or aggravated DUI that resulted in death.

While you have an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed into any vehicle that you drive, though you may drive anywhere at any time once you have the permit and have the BAIID installed. 

Restricted Driving Permit (RDP)

If you are ineligible for an MDDP, you may be eligible for an RDP. In order to qualify for an RDP, you must be able to prove that hardship exists. You must also provide a current professional drug and/or alcohol evaluation and, in some cases, proof of remedial education or treatment. You must also have a BAIID installed into any vehicle you drive during the length of the permit. In addition, the have an RDP issued to you, you must attend a hearing at the Secretary of State’s Office so they can determine whether there is a threat to public safety if you were issued a permit.

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IL DUI lawyerWith 27,000 DUI arrests and 330 alcohol-related crash deaths in Illinois in 2017, you can understand why law enforcement and the courts take drunk driving offenses so seriously. Still, the State of Illinois also knows people can make one bad decision that should not necessarily devastate their life.

With that in mind, the state has options available for first-time offenders and other individuals who qualify so they can still earn a living and largely maintain their previous daily routine. One option is a breath alcohol ignition interlock device (BAIID), which around 12,000 Illinois residents have in their car at any given time.

BAIID Devices in Illinois

A BAIID is a breathalyzer device that tests a driver’s blood-alcohol content (BAC) and captures an image of the driver behind the wheel. If the driver registers a BAC of anywhere from .000 to .024, the vehicle’s ignition will function as desired. Anything .025 and above, it will not start. In addition to a test to initially start the vehicle, other tests are required at random intervals during each trip.

To be eligible for a BAIID, an individual cited for DUI must first apply for a monitoring device driving permit (MDDP). If granted, the BAIID is then installed in their vehicle for the duration of their court-supervised driver’s license suspension.

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